How to Fight Abuse and Neglect

If you or someone you love is a victim of nursing home abuse or neglect, there are ways that you can fight back and hold those responsible accountable. While state agencies responsible for the licensing and regulation of nursing homes should ensure staff involved in the abuse or neglect are retrained, better supervised, terminated or even prosecuted for criminal misconduct, stopping the nursing home abuse or neglect is not the end of the issue.

You also want to ensure that your loved one continues to be safe, that he or she receives treatment for any short or long-term effects of the abuse and that neither you nor your loved one has to suffer financially as a result of the abuse and its aftermath.

At Fight Nursing Home Abuse, we want families to know that they are not alone in their fight against nursing home abuse or neglect. We are here to offer information, resources and legal support for nursing home residents or family members who have concerns. Below, you will find information about our resources on how you can fight nursing home abuse and neglect.

How to Report Abuse and Neglect

If you or a loved one is being abused in a nursing home, it is important to report what is happening, or what you suspect may be happening. Across the United States there are advocacy groups helping support the rights and needs of older Americans. There are also many ways to report suspicions of abuse or neglect.

Nursing Home Abuse Lawyer

If you suspect nursing home abuse is occurring, contacting a nursing home abuse lawyer can be incredibly helpful. Nursing home abuse lawyers dedicate their time and practice to helping fight nursing home abuse and get justice for victims. Nursing home abuse lawyers excel at managing these delicate cases. They have the knowledge and experience needed to help families protect their vulnerable loved ones. 

Nursing Home Abuse Lawsuit

A nursing home abuse lawsuit allows victims of nursing home abuse and/or their families to sue the nursing home or individual(s) who are responsible for their abuse. A lawsuit is a civil process through which victims can pursue compensation for their injuries and related losses. Most nursing home abuse lawsuits settle before going to trial, but it is important that your case is strong enough to withstand either option.

National Nursing Home Abuse Laws

There are important national nursing home abuse laws that protect elderly Americans. These laws are designed to ensure that elderly individuals are treated with respect and dignity. While the laws vary in their scope and purpose, they all have the same goal in mind – to ensure that elderly Americans receive quality care. National laws that apply to nursing homes include:

• Elder Justice Act
• No-Fear Act
• The Older Americans Act
• Violence Against Women Act

How Compensation Works

Compensation in a nursing home abuse lawsuit refers to the amount of damages you are awarded via settlement or verdict. The plaintiff (the victim and/or family members) can pursue compensation for the victims injuries and financial losses related to the nursing home abuse or neglect. Nursing home abuse victims may be eligible for compensation for damages like:

• Medical expenses
• Mental health care
• Pain and suffering
• Funeral or burial costs
• Expenses related to changing homes or a family member leaving their job to care for the victim
• Punitive damages, which seek to discourage future abuse

The amount of compensation that the plaintiff receives will depend on the facts of the case.

Written By Meagan Cline

Meagan Cline is a professional legal researcher and writer. She lends her expertise to FNHA and our websites, including Birth Injury Guide and MedMalFirm.com.